Thompson v. Colvin
DECISION AND ORDER adopting 18 Report and Recommendations, denying 12 Motion for Judgment on the Pleadings, and granting 15 Motion for Judgment on the Pleadings. Signed by Hon. Michael A. Telesca on 10/10/2017. (CDH)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
NICOLE KRISTINE THOMPSON,
No. 1:16-CV-00254 (MAT)
DECISION AND ORDER
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,
Represented by counsel, Nicole Kristine Thompson(“plaintiff”)
brings this action pursuant to Titles II and XVI of the Social
Security Act (“the Act”), seeking review of the final decision of
the Commissioner of Social Security (“the Commissioner”) denying
her applications for disability insurance benefits and supplemental
The Court has jurisdiction over this matter
pursuant to 42 U.S.C. § 405(g). The matter is before the Court on
the parties’ cross motions for judgment on the pleadings. The
parties’ motions were referred to Magistrate Judge Hugh B. Scott
for consideration of the factual and legal issues presented, and to
prepare and file a Report and Recommendation (“R&R”) containing a
recommended disposition of the issues raised.
By R&R dated August 1, 2017, Judge Scott recommended that
plaintiff’s motion be denied and the Commissioner’s motion be
granted, for the reasons described therein.
Docket No. 18.
parties were notified that they were given 14 days within which to
file objections; however, neither party has filed an objection.
Within fourteen days after a party has been served with a copy
of a magistrate judge’s report and recommendation, the party “may
findings and recommendations.” Fed. R. Civ. P. 72(b). “Where no
objection is made to a report and recommendation, or the parties
make frivolous, conclusive, or general objections, only ‘clear
error’ review is required by the district court.”
Teixeria v. St.
Jude Med. S.C., Inc., 193 F. Supp. 3d 218, 222 (W.D.N.Y. 2016).
“After conducting the appropriate review, the district judge may
‘accept, reject, or modify, in whole or in part, the findings or
recommendations made by the magistrate judge.’”
Id. (quoting 28
U.S.C. § 636(b)). No objections having been filed, the Court has
reviewed the R&R for clear error and finds none.
Accordingly, the R&R (Docket No. 18) is approved and adopted
in its entirety.
The Commissioner’s motion for judgment on the
pleadings (Docket No. 15) is granted, and plaintiff’s motion for
judgment on the pleadings (Docket No. 12) is denied.
The Clerk of
the Court is directed to close this case.
ALL OF THE ABOVE IS SO ORDERED.
S/Michael A. Telesca
HON. MICHAEL A. TELESCA
United States District Judge
October 10, 2017
Rochester, New York.
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